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Regular Session, 2010
SENATE BILL NO. 780
BY SENATOR CHEEK AND REPRESENTATI VE BURFORD
SEX OFFENSES. Provides for registration and certain employment activities for sex
offenders. (gov sig)
AN ACT1
To amend and reenact R.S. 15:543.1, 544(B)(1) and (E) and to enact R.S. 15:553, relative2
to sex offenders; to provide for lifetime registration; to prohibit certain types of3
employment of sex offenders; to provide for penalties; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:543.1, 544(B)(1) and (E) are hereby amended and reenacted and7
R.S. 15:553 is hereby enacted to read as follows: 8
§543.1. Written notification by the courts; form to be used9
STATE V. ____________________ JUDICIAL DISTRICT COURT10
DOCKET # __________ PARISH OF ___________________11
DIVISION ______ STATE OF LOUISIANA12
Notification to Sex Offender13
In accordance with R.S. 15:543, this court has the duty to provide14
_______________________ (name of offender) with the information necessary for15
awareness of sex offender and child predator registration requirements.16
_______________________ has pled guilty to or been found guilty of a violation of17 SB NO. 780
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R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana1
Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED2
that ___________________ must register for the period of ___________ from the3
date of his release from prison, being placed on parole, supervised release or4
probation, or from the date of his conviction, if the offender is not sentenced to a5
term of imprisonment or jail. Additionally, since _________________ (hereinafter6
referred to as offender) has been convicted of:7
( ) An aggravated offense as defined in R.S. 15:541, the offender must8
update his/her registration, in person, every 90 days from the date of initial9
registration, with the appropriate law enforcement agencies as provided in R.S.10
15:542.11
( ) A sexual offense involving a victim who is a minor as defined in R.S.12
15:541, the offender must update his/her registration, in person, every six months13
from the date of initial registration, with the appropriate law enforcement agencies14
as provided in R.S. 15:542.15
( ) An offense not defined in R.S. 15:541, as an aggravated offense or a16
sexual offense involving a victim who is a minor, the offender must update his/her17
registration, in person, annually from the date of initial registration, with the18
appropriate law enforcement agencies as provided in R.S. 15:542.19
Based on the foregoing you are hereby notified of the following:20
(1) The offender, within three (3) business days of establishing residence in21
Louisiana or if a current resident, within three (3) business days after conviction or22
adjudication if not immediately incarcerated or taken into custody, or within three23
(3) business days after release from confinement, shall obtain and provide the24
following information to each sheriff or police department in accordance with R.S.25
15:542(B) (except in Orleans Parish where registration shall take place with the New26
Orleans Police Department):27
(a) Name and any aliases used by the offender.28
(b) Physical address or addresses of residence.29 SB NO. 780
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(c) Name and physical address of place of employment. If the offender does1
not have a fixed place of employmen t, the offender shall provide information with2
as much specificity as possible regarding the places where he works, including but3
not limited to travel routes used by the offender.4
(d) Name and physical address of the school in which he is a student.5
(e) Two forms of proof of residence for each residential address provided,6
including but not limited to a driver's license, bill for utility service, and bill for7
telephone service. If those forms of proof of residence are not available, the offender8
may provide an affidavit of an adult resident living at the same address. The affidavit9
shall certify that the affiant understands his obligation to provide written notice10
pursuant to R.S. 15:542.1.4 to the appropriate law enforcement agency with whom11
the offender last registered when the offender no longer resides at the residence12
provided in the affidavit.13
(f) The crime for which he was convicted and the date and place of such14
conviction, and if known by the offender, the court in which the conviction was15
obtained, the docket number of the case, the specific statute under which he was16
convicted, and the sentence imposed.17
(g) A current photograph, fingerprints, palm prints, and a DNA sample.18
(h) Telephone numbers, including fixed location phone and mobile phone19
numbers assigned to the offender or associated with any residence address of the20
offender.21
(i) A description of every vehicle registered to or operated by the offender,22
including license plate number and a copy of the offender's driver's license or23
identification card.24
(j) Social security number and date of birth.25
(k) A description of the physical characteristics of the offender, including but26
not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or27
other identifying marks on the body of the offender.28
(l) Every e-mail address, online screen name or other online identity used by29 SB NO. 780
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the offender to communicate on the Internet.1
(m) Temporary lodging information regarding any place where the offender2
plans to stay for seven or more days and the length of the stay.3
(n) Travel and immigration documents, including but not limited to passports4
and documents establishing immigration status.5
(2) The offender shall register with the sheriff and police chief in each of6
his/her residence(s) and with the sheriff of the parish in which the offender is7
employed and attends school and, for initial registration only, with the sheriff in the8
parish of the offender's conviction in accordance with R.S. 15:542. If the offender9
lives, works, or attends school in Orleans Parish, however, the offender shall register10
with the New Orleans Police Department and not with the sheriff of that parish.11
(3) If the offender is incarcerated as a result of the crime, the offender shall12
provide all information listed in Paragraph (1) of this Section to the Department of13
Public Safety and Corrections, or if a juvenile, to the office of juvenile justice, within14
ten (10) days prior to release from confinement. The offender shall still appear in15
person at the sheriff's office within three (3) business days of release from16
confinement.17
(4) During the declaration of an emergency, any offender required to register18
who enters an emergency shelter shall, within the first twenty-four (24) hours of19
admittance, notify the management of the facility, the chief of police of the20
municipality, and the sheriff of the parish in which the shelter is located of his sex21
offender status in accordance with R.S. 15:543.2.22
(5) An offender required to register has a duty to provide notice of change of23
address or other registration information to the sheriff of the parish of residence24
within three business days. If the new or additional residence is located in a different25
parish, then offender must register with the sheriff of the parish in which the new or26
additional residence is located. The offender shall also send written notice within27
three business days of re-registering in the new parish to the sheriff of the parish of28
former registration in accordance with R.S. 15:542.1.2.29 SB NO. 780
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(6) The offender shall give notice of the crime for which he was convicted,1
his name, address, a physical description, and a photograph to the following in2
accordance with R.S. 15:542(B)(1):3
(a) At least one person in every residence or business within a one-mile4
radius in a rural area and a three-tenths of a mile radius in an urban or suburban area5
of the address of the residence where the offender will reside upon release, including6
all adult residents of the residence of the offender.7
(b) The superintendent of the school district where the offender will reside.8
(c) The lessor, landlord, or owner of the residence or the property on which9
he resides.10
(d) The superintendent of the park, playground, and recreation districts within11
the designated area where the offender will reside only if the victim was under12
eighteen (18) years of age at the time of the commission of the offense.13
*Any person convicted of a violation of R.S. 14:89 shall not have to include14
a photograph in the notice described in Paragraph (b) of this Subsection.15
*Juveniles adjudicated for a crime requiring registration DO NOT have to16
provide this community notice.17
(7) In accordance with R.S. 15:542.1, community notification shall be given18
by mail within twenty-one days of the date of conviction, if the offender is not taken19
into custody at the time of conviction, and within twenty-one days of the date of20
release from confinement if sentenced to a term of imprisonment. This notification21
shall also occur within twenty-one days of each time the offender changes his22
residence within twenty-one days of establishing residency in the new locale. This23
notification shall also occur at least every five years, whether or not the offender24
changes residences. This notification shall occur in each jurisdiction in which the25
offender regularly resides.26
*Juveniles adjudicated for a crime requiring registration DO NOT have to27
provide this community notice.28
(8) In accordance with R.S. 15:542.1, community notice shall be published29 SB NO. 780
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on two (2) separate days within this period in the official journal of the governing1
authority of the parish where the offender plans to reside, unless ordered to be2
published in a different journal or newspaper by the sheriff or local ordinance.3
*Those convicted of R.S. 14:92(A)(7) or 89 are not required to publish notice4
in the newspaper or official journal as provided in Paragraph (8).5
*Juveniles who are adjudicated for a crime requiring registration DO NOT6
have to provide this community notice.7
(9) In accordance with R.S. 15:542.1(B), an offender who provides8
recreational instruction to persons under the age of seventeen (17) shall post a notice9
in the building or facility where such instruction is being given.10
(10) In accordance with R.S. 15:543, an offender must, within ten (10) days11
prior to release from a correctional facility, provide a photograph and other relevant12
information noted above to the Department of Public Safety and Corrections and the13
office of juvenile justice for purposes of the State Sex Offender and Child Predator14
Registry.15
(11) In accordance with R.S. 15:542.1.2, if an offender changes his place of16
residence or establishes a new or additional residence, he shall appear in person at17
the office of the sheriff of his parish of residence where he is currently registered18
within three (3) business days of the change to register the new address. If the new19
address is located in a different parish, then the offender shall also appear in person20
at the office of the sheriff of his new parish of residence within the same time period.21
If the offender's parish of residence is in Orleans Parish, then the registration shall22
take place at the New Orleans Police Department and not with the Orleans Parish23
Sheriff.24
(12) In accordance with R.S. 15:542.1.2, if an offender is absent from his25
current address of registration for more than thirty (30) consecutive days or an26
aggregate of thirty (30) days or more in a calendar year, and is physically present at27
another address during that same period of time, the offender shall register in person28
the new address as one of his addresses of residence. If the new address is in a parish29 SB NO. 780
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different from his current address, he shall also register in person with the sheriff of1
the new parish within three (3) business days of the tolling of the time periods listed.2
This requirement notwithstanding, the offender shall still notify the sheriff of one of3
his parishes of residence in person if he is to take up temporary lodging for seven (7)4
or more days. It is only after the thirty-day limit is exceeded that the new registration5
shall occur.6
(13) The offender shall also appear in person at the office of the sheriff of any7
of his parishes of residence when there is a change in the offender's name, place of8
employment, or enrollment. This appearance shall occur within three (3) business9
days of the change. If the offender's address of residence is in Orleans Parish, this10
registration update shall take place at the New Orleans Police Department and not11
with the Orleans Parish Sheriff's Office.12
(14) The offender shall be prohibited from certain types of employment13
in accordance with R.S. 15:553 for the duration of the registration period. A14
copy of this statute is provided to you with this notification.15
(15) In accordance with R.S. 15:542(C), the offender shall update his16
registration annually on the anniversary of the initial registration by appearing in17
person at the office of each law enforcement agency with which he is required to18
register and shall pay an annual registration fee of sixty dollars ($60.00).19
(16) Failure to comply with any of these registration and notification20
requirements is a felony for which an offender shall be punished by a fine of up to21
one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than22
two years nor more than ten years without benefit of parole, probation, or suspension23
of sentence. Upon a second or subsequent conviction, the offender shall be punished24
by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor25
for not less than five years, nor more than twenty years without benefit of parole,26
probation, or suspension of sentence.27
(17) For those offenders who have been convicted of a sex offense as defined28
in R.S. 15:541 involving a victim who was under the age of thirteen (13) at the time29 SB NO. 780
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of the offense, R.S. 14:91.2 is applicable which prohibits such offenders from1
residing or being present in certain locations. A copy of this statute is provided to2
you with this notification.3
THUS DONE AND SIGNED this ____ day of _____________, 20___ in4
open court, in_____________, Louisiana.5
______________________________6
Judge, ____ Judicial District Court7
I hereby certify that the above requirements have been explained to me, that8
I have received a copy of the above notice of sex offender registration and9
notification requirements, and a copy of the statutes providing for such requirements.10
I also understand that I will be subject to any changes made by the legislature to the11
registration laws from this day forward.12
____________________________13
(Name of Sex Offender)14
____________________________15
Defense Counsel Signature16
* * *17
§544. Duration of registration and notification period18
* * *19
B.(1) A person required to register pursuant to this Chapter who was20
convicted of a sexual offense against a victim who is a minor as defined in R.S.21
15:541 shall register and maintain his registration and provide community22
notification pursuant to the provisions of this Chapter for a period of twenty-five23
years from the date of initial registration, or the duration of the lifetime of the24
offender as provided in Subsection E of this Section, unless the underlying25
conviction is reversed, set aside, or vacated. The requirement to register shall apply26
to an offender who is pardoned.27
* * *28
E.(1) Notwithstanding the provisions of Subsection A or Paragraph (B)(1) of29 SB NO. 780
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this Section, the court, upon motion of the district attorney, and after a contradictory1
hearing, shall have the authority to order a person required to register and provide2
notification pursuant to the provisions of this Chapter to register and notify for the3
duration of the lifetime of the offender upon a showing by a preponderance of the4
evidence that the offender poses a substantial risk of committing another offense5
requiring registration pursuant to this Chapter. The district attorney and the offender6
may enter into a plea agreement requiring the offender to register and provide7
notification for the duration of the lifetime of the offender without a contradictory8
hearing.9
(2) Whenever the registration and notification period of a sex offender has10
been increased to lifetime pursuant to the provisions of Paragraph (1) of this11
Subsection, upon maintenance of a clean record for the minimum time period12
applicable to the offense of conviction as provided by the provisions of Subsection13
A or Paragraph (B)(1) of this Section, the offender may petition the court in the14
jurisdiction of conviction, or if convicted out of state, in the jurisdiction of the15
offender's residence, to be relieved of the registration and notification requirements16
of this Chapter. The district attorney shall be served with the petition and the matter17
shall be set for contradictory hearing. Upon a finding by clear and convincing18
evidence that the offender has maintained a "clean record" as defined in this Section19
and that the offender does not pose a substantial risk of committing another offense20
requiring registration pursuant to this Chapter, the court may order that the offender21
be relieved of the obligation to register and notify pursuant to this Chapter.22
* * *23
§553. Prohibition of employment for certain sex offenders24
A. It shall be unlawful for any person who is required to maintain25
registration pursuant Chapter 3-B of Title 15 to operate any carnival or26
amusement ride, bus, taxicab, or limousine for hire.27
B. It shall be unlawful for any person who is required to maintain28
registration pursuant to Chapter 3-B of Title 15 to engage in employment as a29 SB NO. 780
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service worker who goes into a residence to provide any type of service.1
C. For the purposes of this Section, the following terms and phrases2
shall have the meanings ascribed to them:3
(1) "Bus" means a motor vehicle with a seating capacity of six or more4
persons, exclusive of the operator, which is used in the transportation of5
passengers for hire, excluding any vehicle leased without the provision of a6
driver.7
(2) "Carnival or amusement ride" means either of the following:8
(a) A device that is intended to give amusement, excitement, pleasure, or9
thrills to riders whom the device carries along or around a fixed or restricted10
course or within a defined area.11
(b) A structure that gives amusement, excitement, pleasure, or thrills to12
people who move around, over, or through the structure without the aid of a13
moving device integral to the structure.14
(3) "Taxicab" means all motor vehicles for hire, carrying six passengers15
or less, including the driver thereof, which are subject to call from a garage,16
office, taxistand, or otherwise.17
C. Any person who violates the provisions of this Section shall be fined18
not more than ten thousand dollars and imprisoned for not less than five years19
nor more than ten years at hard labor. Three years shall be served without the20
benefit of parole, probation, or suspension of sentence.21
Section 2. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 SB NO. 780
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Present law requires the court to provide written notification to any person convicted of a
sex offense and a criminal offense against a victim who is a minor of the registration
requirements and the notification requirements as provided in present law.
Proposed law maintains present law and adds that the court shall notify the person convicted
of a sex offense and criminal offense against a victim who is a minor that certain types of
employment is prohibited for the duration of registration.
Present law provides for the duration of registration and notification period for sex offenders.
Present law provides that a person required to register pursuant to law who was convicted
of a sexual offense against a victim who is a minor shall register and maintain his
registration and provide community notification for a period of 25 years, or the duration of
the lifetime of the offender as provided by law, unless the conviction is reversed, set aside,
or vacated.
Proposed law provides that if the offender was convicted of a sexual offense against a victim
who is minor, the offender shall register for the duration of his lifetime.
Proposed law prohibits certain sex offenders from maintaining certain types of employment.
Proposed law provides that it shall be unlawful for any person who is required to maintain
registration pursuant to law to operate any bus, carnival or amusement ride, taxicab, or
limousine for hire. Further prohibits any person who is required to maintain registration to
engage in employment as a service worker who goes into a residence to provide any type of
service.
Proposed law provides for definitions.
Proposed law provides for penalties if a sex offender who is required to register pursuant to
law engages in certain types of employment.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:543.1, 544(B)(1) and (E) and adds R.S. 15:553)